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Chapter 15.08 Executive Responsibility

-Note
 
(New Chapter substituted by Ordinance No. 172303, effectiveMay 27, 1998.)

15.08.010 Mayor and Successor to Mayor.
 
(Amended by Ordinance No. 178616, effective July 21, 2004.)
 
A. The Mayor is the Chief Executive of the City of Portland. If the Mayor, for any reason, is unable or unavailable to perform the duties of office under this Code during a state of emergency, the duties shall be performed by the first of the following who is able and available:
1. The President of the Council;
 
2. The Council member who has most recently served as President of the Council;
 
3. The Council member holding the position with the lowest number;
 
4. The first of the City officials in the order listed in Section 2-206(g) of the Charter of the City of Portland (City Auditor, City Attorney, Director of Office of Management and Finance, executive assistants of disabled Council members in the order of their seniority as an executive assistant).
B. The powers of the successor to the Mayor shall be the same as the Mayor and the duration of succession shall be until such time as the Mayor is able to perform the duties of office.

15.08.020 Authority.

(Amended by Ordinance Nos. 178616, 181352 and 182428, effective January 16, 2009.)

 

A.  Upon the declaration of a state of emergency, the Mayor shall assume centralized control and shall have authority over all bureaus, departments and other City offices as among other powers.  The Mayor may delegate any administrative or operative authority vested in the Mayor.

 

B.  Upon the declaration of a state of emergency, in addition to other powers granted to the Mayor, the Mayor may:

 

1.  Utilize all City owned resources;

 

2.  Designate persons to coordinate the work of public and private relief agencies operating in the area and exclude from the area, any person or agency refusing to cooperate and work under the Director and/or Incident Commander or to coordinate with other agencies engaged in the emergency work.

 

3.  Regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods and services.

 

4.  Order the removal of debris and wreckage which may threaten the public health or safety on public or private property consistent with the provisions of PCC 15.08.030.

 

5.  Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances.

 

6.  Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.

 

7.  Establish a curfew for the designated emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places.

 

8.  To the extent allowed by law, prohibit the sale, carrying or possession of explosives of any kind or weapons of any kind other than firearms on public streets or public places.

 

9.  Establish rent controls and provide temporary or permanent housing by purchase, lease or otherwise and to enter into arrangements necessary to prepare or equip the living units for occupancy.

 

10.  Order the evacuation of persons from designated areas as necessary.

 

11.  Order such other measures as may be necessary to protect the life, safety and health of persons, property or the environment.

 

12.  Adopt rules for the expeditious issuance of permits necessary to address issues that arise from the emergency or disaster.

 

13.  Enter into contracts to the extent authorized by Charter Sections 8-104 and 8-105.


15.08.030 Declaration of Nuisance.
 
(Amended by Ordinance No. 181352, effective October 10, 2007.)
 
A.  Debris or wreckage resulting from a disaster or emergency situation is declared to be a nuisance.
 
B.  The nuisance shall be abated as provided by City Code, however, in situations where the public health or safety may be in danger, the City may summarily abate the nuisance and assess the property for the actual cost.  Assessment procedures shall be followed.

15.08.040 Enforcement.
 
Any person who violates any emergency measure shall be subject to a civil penalty of not more than $500 per occurrence.  Enforcement shall be by the Code Hearings Officer in accordance with the provisions of Title 22.

15.08.050 Controlling Provisions.
 
In the event of an emergency, these Code provisions shall control over any conflicting Code provisions.
 

Title 15 Emergency
Chapter 15.04 Emergency Code
Chapter 15.08 Executive Responsibility
Chapter 15.12 Office of Emergency Management